Marcus Johnson-McBryde v. the State of Texas ( 2021 )

AFFIRMED and Opinion Filed June 29, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00361-CR
No. 05-20-00362-CR
No. 05-20-00363-CR
No. 05-20-00365-CR
No. 05-20-00366-CR
No. 05-20-00367-CR
No. 05-20-00368-CR
MARCUS JOHNSON-MCBRYDE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause Nos. 380-83474-2018; 380-81396-2019; 380-81395-2019;
199-83250-2018; 199-83247-2018; 199-83246-2018; 199-81278-2018
MEMORANDUM OPINION
Before Justices Molberg, Goldstein, and Smith
Opinion by Justice Smith
Marcus Johnson-McBryde appeals his assault of a public servant, two
aggravated assaults of a public servant, unauthorized use of a motor vehicle,
aggravated robbery, evading arrest, and robbery convictions. Appellant’s appointed
counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967),
stating that the records do not contain any reversible error that was preserved for
appellate review. Counsel states in the brief that he provided appellant with a copy
of the brief and counsel’s motion to withdraw and advised appellant of his right to
examine the appellate records and file a pro se response. In addition, this Court
notified appellant of his right to examine the appellate records and file a pro se
response. Appellant did not file a pro se response.
The procedures established in Anders are applicable where, as here, the
appellant’s appointed counsel concludes that there are no non-frivolous issues to
assert on appeal. See In re D.D., 279 S.W.3d 849, 849–50 (Tex. App.—Dallas 2009,
pet. denied). This Court is not required to address the merits of each claim raised in
an Anders brief or a pro se response. See Bledsoe v. State, 178 S.W.3d 824, 827
(Tex. Crim. App. 2005); In re D.D., 279 S.W.3d at 850. Instead, our duty is to
determine whether there are any arguable grounds for reversal and, if so, to remand
the case to the trial court so that new counsel may be appointed to address the issues.
See In re D.D., 279 S.W.3d at 850.
In the Anders brief, counsel for appellant presents a professional evaluation
of the records demonstrating why there are no arguable grounds for reversal and
concluding that appellant’s appeals are frivolous and without merit. See Anders, 386
U.S. at 744. We independently reviewed all the records and counsel’s Anders brief
and agree that the appeals are frivolous and without merit. We find nothing in the
records that could arguably support the appeals.
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Accordingly, we affirm the trial court’s judgments.
/Craig Smith/
CRAIG SMITH
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
200361F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARCUS JOHNSON-MCBRYDE, On Appeal from the 380th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 380-83474-
No. 05-20-00361-CR V. 2018.
Opinion delivered by Justice Smith.
THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein
participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
AFFIRMED.
Judgment entered June 29, 2021
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARCUS JOHNSON-MCBRYDE, On Appeal from the 380th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 380-81396-
No. 05-20-00362-CR V. 2019.
Opinion delivered by Justice Smith.
THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein
participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
AFFIRMED.
Judgment entered June 29, 2021
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARCUS JOHNSON-MCBRYDE, On Appeal from the 380th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 380-81395-
No. 05-20-00363-CR V. 2019.
Opinion delivered by Justice Smith.
THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein
participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
AFFIRMED.
Judgment entered June 29, 2021
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARCUS JOHNSON-MCBRYDE, On Appeal from the 380th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 199-83250-
No. 05-20-00365-CR V. 2018.
Opinion delivered by Justice Smith.
THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein
participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
AFFIRMED.
Judgment entered June 29, 2021
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARCUS JOHNSON-MCBRYDE, On Appeal from the 380th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 199-83247-
No. 05-20-00366-CR V. 2018.
Opinion delivered by Justice Smith.
THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein
participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
AFFIRMED.
Judgment entered June 29, 2021
–8–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARCUS JOHNSON-MCBRYDE, On Appeal from the 380th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 199-83246-
No. 05-20-00367-CR V. 2018.
Opinion delivered by Justice Smith.
THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein
participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
AFFIRMED.
Judgment entered June 29, 2021
–9–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARCUS JOHNSON-MCBRYDE, On Appeal from the 380th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 199-81278-
No. 05-20-00368-CR V. 2018.
Opinion delivered by Justice Smith.
THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein
participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
AFFIRMED.
Judgment entered June 29, 2021.
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